Legal Opinion

Sayles v. Hall

Massachusetts Supreme Judicial Court

Decided November 29, 1911PublishedCited by 24 opinions

Bill in equity, filed in the Superior Court on August 3, 1911, by the holder of the legal title and the beneficial owner of the lot numbered 34 on Ocean Avenue in Oak Bluffs against the owner of the adjoining lot numbered 36 on the same avenue to enforce the equitable restriction which is quoted below.

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Bill in equity, filed in the Superior Court on August 3, 1911, by the holder of the legal title and the beneficial owner of the lot numbered 34 on Ocean Avenue in Oak Bluffs against the owner of the adjoining lot numbered 36 on the same avenue to enforce the equitable restriction which is quoted below. In the Superior Court the case was submitted upon an agreed statement of facts to White, J., who with the consent of the parties reserved it upon the pleadings and the agreed statement of facts for determination by this court, such final decree to be entered as justice and equity might require.…

1Opinion of the CourtDeCourcy, J.

The defendant’s deed was in the form adopted for the conveyance of all the lots on Ocean Avenue by the Oak Bluffs Land and Wharf Company, the predecessor in title of the plaintiffs and the defendant. One of these deeds was before this court in the case of Hopkins v. Smith, 162 Mass. 444. As was said in that case, “ the conditions and restrictions . . . were inserted for the benefit of purchasers from that company, who took deeds subject to these conditions and restrictions, and for the benefit of the grantees of such purchasers, and . . . therefore the restrictions can be enforced in equity…

2Cases cited6 opinions

  1. Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
  2. Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
  3. Bacon v. SandbergMassachusetts Supreme Judicial Court · 1901
  4. Hopkins v. SmithMassachusetts Supreme Judicial Court · 1894
  5. Codman v. BradleyMassachusetts Supreme Judicial Court · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Werner v. GrahamCalifornia Supreme Court · 1919
  2. Moore v. StevensSupreme Court of Florida · 1925
  3. Southampton Civic Club v. CouchTexas Supreme Court · 1958
  4. Wallace v. St. ClairWest Virginia Supreme Court · 1962
  5. Deitrick v. LeadbetterSupreme Court of Virginia · 1940

19 more not listed; retrieve them via the Exa API.

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